Camilla Jessen
South Korea’s Supreme Court has confirmed state benefits for gay couples in a landmark ruling.
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The Supreme Court in South Korea has upheld a ruling that a same-sex partner is eligible for spousal benefits from state health insurance.
This is a major victory for LGBTQ rights in a country that has lagged behind others in the region.
Historic Decision
On Thursday, the court confirmed an earlier decision by the Seoul High Court, which ruled that the National Health Insurance Service should provide equal spousal coverage to So Sung-wook and Kim Yong-min.
The gay couple filed a law suit in 2021 after their spousal benefits were canceled by the agency.
“I couldn’t believe it when I heard the ruling. I was extremely happy and I started crying,” Kim told Reuters outside the court.
“It took four years to earn this dependent status. We need to fight harder to legalize same-sex marriage going forward.”
Legal Recognition and Rights
Chief Justice Jo Hee-de stated that denying the couple benefits constituted discrimination based on sexual orientation.
“It is an act of discrimination that violates human dignity and value, the right to pursue happiness, freedom of privacy, and the right to equality before the law, and the degree of violation is serious,” Judge Jo declared during the televised trial.
While So and Kim consider themselves a married couple, their marriage is not legally recognized in South Korea.
However, lawyers and advocates said the ruling marks the first legal recognition of same-sex unions in the country.
Broader Implications
This ruling is seen as a “stepping stone for progress” towards marriage equality, according to Horim Yi, an activist at LGBTQ campaign group Marriage For All.
“It’s going to be a very hopeful ruling for same-sex couples living in South Korea,” Yi said.
In contrast to successful campaigns for legalizing same-sex marriage in Taiwan and Thailand, South Korea has no legal acknowledgment of LGBTQ partnerships, forcing couples to move abroad if they want to marry legally. Many LGBTQ individuals hide their identity in the workplace due to fear of discrimination and lack of recognition.
Ahead of the ruling, members of conservative Christian groups held a rally outside the court, waving banners that read, “Same-sex families are nonsense. Supreme Court, overturn the Seoul High Court’s ruling!”
